NOTICE OF FORECLOSURE SALE WITHOUT OPEN HOUSES CIVIL NO. 20-0001404 Circuit Court of the First Circuit, State of Hawaii Superior Investments XIX, Inc. v. Brian Anderson, et al. PROPERTY DESCRIPTION: Four (4) separate but adjoining parcels aggregating approximately 21.488 acres, more or less, of vacant, undeveloped ocean front real estate located on the shore of ‘Anaeho’omalu Bay within the land division known as Kapalaoa known as “Kapalaoa Estate Lots,” Waikoloa, South Kohala, Island and State of Hawaii. The specific parcels and their acreage are available upon request from the Commissioner. The four (4) parcels are completely within a conservation district and is approximately one mile from the Waikoloa Beach Resort area. Properties can only be accessed via a private drive from Queen Ka’ahumanu Highway. The Properties are mostly flat with rocks and ponds existing on the inland portions of the parcels. There are a considerable number of archeological sites existing on the Properties which may present certain challenges to obtaining entitlements and building permits. The Properties will be sold and purchased “whole” and not as individual parcels. AUCTION DATE: THURSDAY, OCTOBER 13, 2022 at 12:00 O’CLOCK NOON, Ewa side of the front plaza level, Circuit Court of the First Circuit, Kaahumanu Hale, 777 Punchbowl Street, Honolulu, Hawaii 96813 OPEN HOUSES: PROPERTIES WILL BE SOLD WITHOUT OPEN HOUSES. However, private inspections of the Properties are available by appointment. Please contact the Commissioner. TERMS OF SALE: Properties will be sold in “AS IS” condition, without any express or implied warranties or representations of any kind, at public auction with 10% of the highest bid payable in cash, certified or cashier’s check at the close of auction. THERE SHALL BE NO UPSET PRICE. Balance of highest bid shall be paid in full upon court approval and confirmation of sale. Potential bidders must be able to provide proof of ability to comply with the 10% bid requirement BEFORE participating in the public auction. Purchaser shall pay ALL costs of closing, including, but not limited to, escrow fees, recordation fees, conveyance taxes and is responsible for securing possession of the Properties upon escrow closing and recordation. Neither the availability of title insurance nor securing possession of the Properties shall be conditions of sale closing. Sale closing usually occurs not later than thirty-five (35) days after the entry of the order confirming sale. Real property taxes shall be prorated as of the date of closing and recordation of the documents transferring title. The Properties, including all improvements will be sold without personal property. ALL SALE AND TERMS OF SALE ARE SUBJECT TO COURT CONFIRMATION. DUE DILIGENCE INFORMATION: Limited due diligence information, material and documents are available upon request from the Commissioner. The information made available has been collected from various sources including tax records, a title report, and pleadings and appears to be reliable but it is not guaranteed. Potential bidders are expressly advised to perform and complete their own investigation and due diligence prior to bidding. For further information, contact Wayne K. T. Mau, Commissioner, 1003 Bishop Street, Pauahi Tower, Suite 320, Honolulu, Hawaii 96813; Telephone (808) 781-8494 (cell); (808) 380-8498 (ofc.); email: wayne@wmaulaw.com (WHT1385408 9/11, 9/18, 9/25/22)